R v O’Brien [2024] NSWSC 384

R v O’Brien [2024] NSWSC 384

Non-publication orders were warranted because Mr O'Brien and Mr Williams were to be tried separately for the same offence, there was significant overlap in the evidence, identification was a principal issue in each trial, and there was a significant prospect that publicity from Mr O'Brien's trial would come to the attention of potential jurors in Mr Williams' later trial, making the orders in the interests of the administration of justice.

Jurisdiction
Australia
Judgment Date
04 April 2024
Procedural Posture
Criminal Procedure – Suppression and Non Publication Orders / Notice of Motion Filed 2 April 2024; Ex Tempore Procedural Ruling on 4 April 2024
Outcome
Crown's motion granted with minor amendments; non-publication orders made.
Legal Topics
['suppression and Non Publication Orders' 'separate Criminal Trials' 'publicity Affecting Potential Jurors']
['criminal Procedure'] ['suppression and Non Publication Orders' 'separate Criminal Trials' 'publicity Affecting Potential Jurors']

Case Brief

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Procedural Posture

Criminal Procedure – Suppression and Non Publication Orders / Notice of Motion Filed 2 April 2024; Ex Tempore Procedural Ruling on 4 April 2024

Legal Issues

  1. 1 ["Whether non-publication orders should be made in respect of pre-trial proceedings, opening and closing addresses, evidence, submissions and the summing-up in the accused's trial." "Whether publicity from the accused's trial could affect the later separate trial of co-accused Mr Williams."]

Ratio Decidendi

Non-publication orders were warranted because Mr O'Brien and Mr Williams were to be tried separately for the same offence, there was significant overlap in the evidence, identification was a principal issue in each trial, and there was a significant prospect that publicity from Mr O'Brien's trial would come to the attention of potential jurors in Mr Williams' later trial, making the orders in the interests of the administration of justice.

Court Disposition

Crown's motion granted with minor amendments; non-publication orders made.

Orders

  • ['Pursuant to s 7 of the Court Suppression and Non-Publication Orders Act 2010 and upon the grounds contained in s 8(1)(a) and s 8(1)(e) of that Act, order that there be no publication of any pre-trial proceedings, opening or closing addresses, evidence given, submissions made or the summing-up delivered to the jury...